Patricia Ryan (Kildare South, Sinn Fein) | Oireachtas source

I appreciate the efforts of the Government in trying to deal with this issue but, unfortunately, there are, yet again, many weaknesses in the legislation in its current form. The biggest criticism I have is that it does not take on board any of the recommendations contained in the report of the Joint Committee on Children, Equality, Disability, Integration and Youth. There were 83 recommendations and not one is taken on board, which, frankly, is a disgrace.

Alternative proposals to legislate in this area must not leave even one adopted person behind. For decades in this country, adopted people have been failed by being denied clear access to their identity information, and this is a human rights issue. The Bill does not provide unrestricted access to birth certificates, adoption files or early-life information files. There must be unfettered access. Terms and conditions cannot apply in this instance. It must be the file, the whole file and nothing but the file. There must be no discrimination when accessing personal data.

The information session requirement is offensive to adopted people. The concept of privacy should not have to be explained to applicants in any proposed format. The definition of "personal data" is not clear, leaving the door open to various interpretations. Information can be withheld in certain circumstances, which is not fair or acceptable. The definitions in the Bill are extremely narrow and need to be expanded to include individuals, agencies and institutions involved in forced family separation. Accessing records will be hugely problematic if this Bill is passed in its current form. Rather than whole files being provided, parts of files that will be issued. The expectation that applicants need to have knowledge of mementos contained in early life or adoptive files is ridiculous. Applicants are expected to apply for several different categories of information, which makes things difficult for them. Although I mean this respectfully, it is almost like the Government is trying to dissuade them.

It is vital that we listen to those who will most directly be affected by this legislation. The wishes of survivors and adopted persons must be heard. I look forward to continuing to work with campaigners and others over the coming weeks to ensure that the right to identity will be recognised at last in our laws. It is a little more than 20 years since the first legislation was introduced to allow access to adoption information. It is worth remembering that the Government started this journey by trying to criminalise adoptees for seeking their birth information. It is time the historic wrongs were put right.

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